The Gilpin County Board of County Commissioners (BoCC) called their regular meeting to order at 9 a.m. on Tuesday, October 24, 2023. In attendance were Commissioner Marie A. Mornis, Commissioner Susan Berumen, Commissioner Sandy Hollingsworth, County Manager Ray Rears, and County Attorney Brad Benning.

Parks and Recreation Director Gabrielle Chisholm delivered the Third Quarter Report for the Gilpin County Community Center. Chisholm reported that attendance was down for the summer but only because many events were held outdoors.

John Combs, Public Works Director, presented Resolution 23-97, Approving a Two-Week Extension of the closing of the Gilpin County Slash Site. He said the funds are already accounted for due to a position that has not been filled and that residents are still using it as the weather allows.

Hollingsworth moved to adopt the resolution, Berumen seconded, and all were in favor.

Clerk and Recorder Sahari McCormick introduced Resolution 23-96, Approving a Voting Service and Polling Center (VSPC) for the Gilpin County 2024 Presidential Primary Election. The Historic Courthouse located at 203 Eureka Street will be offered as a location in a public opinion poll during February for the November election. The results of the poll are a recommendation and can be overridden, which is what happened last year.

Berumen moved to approve, Hollingsworth seconded, and all were in favor.

Administrative Analyst Sam Bower delivered Resolution 23-98, Adopting American Rescue Plan Act (ARPA) Funds Allocations.

He said there are a few edits that reflect the changes made through recent resolutions. Mornis asked if the estimated remainder of the ARPA funds of $600 would remain unallocated. Bower answered in the affirmative, saying that they would have to wait for an exact number and that the County has more time to do so.

Hollingsworth moved to approve, Berumen seconded, and all were in favor.

A public hearing was held concerning a Special Use Review, SUR-23-3, for 300 Swamp Angel Lane, Central City, CO 80427, Always Choose Adventures. Community Development Director Rob Gutierrez presented information about the Planning Commision meeting on October 10. He said the Planning Commission needs more time to make a recommendation on emergency management for this recreational campground. He would like to bring this up again on December 12 at the regular meeting.

Mornis opened the hearing to public comment at 9:33 a.m. Public comment was closed with no remarks at 9:34 a.m. Berumen moved to have a continuation of the special use review for December 12 at approximately 9:30 a.m. All were in favor.

The public hearing was closed at 9:35 a.m.

The Board then recessed as the Board of County Commissioners and convened as the Board of Adjustment.

A public hearing was held for Resolution BOA-23-2, Appeal to Extend Temporary Housing Permit TPHS-22-2 for 105 Conestoga Road, Black Hawk. Gutierrez said the permit expires in November and can be extended per the code if conditions of hardship are met.

The applicant, Amber Cusano, said there have been no code violations and that the RV she is staying in meets the code. She would like an extension until next November. She has submitted 14 letters of support.

Hollingsworth asked how long Cusano has been occupying the property. She responded she has been there since last November.

Comment was opened at 9:47 a.m.

A nearby resident spoke out against the extension because she thinks the applicant is not making adequate progress.

Another resident spoke to his personal experience of an altercation between the applicant and himself.

Yet another resident said the applicant yelled at her son about having a leashed dog when he didn’t have a dog. She said that the applicant has been there for five years and is concerned about her aggressive behavior. She said that private emails were posted on the applicant’s fence and that the applicant has called the Sheriff on many people in the neighborhood.

Another resident said that Amber has helped him fix homes in Gilpin County. He said that the build has improved since she has taken it over. He said getting a certificate of occupancy can be difficult and supports the extension so he can finish the house.

Another resident said the applicant is feisty but is a loyal and supportive person who has integrity.

A resident who lives across the street says that for the past six years they have been harassed by the applicant and that their health is compromised. The resident said burn barrels run for days and weeks and that cameras point toward their home. She said the applicant accosts people for dogs that are unleashed when theat is not the case. She said they don’t feel safe and that Cusano’s presence is negatively affecting her health. She would like the fourth extension to be denied.

One resident stated that he had to disengage with the applicant for fear of harassment. He reported non-civil encounters with Cusano, aggressive encounters with dogs, and burning smells.

Another neighbor said they are very concerned with Cusano’s behavior and her posting of the personally identifying emails on her fence. The neighbor says the burn barrels are illegal and that she lived illegally on the property for 4-5 years before seeking a temporary housing permit. She said that Cusano has threatened the people in the neighborhood.

Jason Stone is a partial owner of 105 Conestoga and said that he thinks there should be a continuance to finish the building.

Public comment ended at about 10:15 a.m. Gutierrez said, historically, building permits are not met in the timeframe given. Berumen asked if there was evidence of living on the property without a permit.

Hollingsworth said she is hearing different information and is confused as to who owns it and who lives on it and what the timeline is.

Gutierrez said the interactions with the neighbors are complicating the responsibility of the county staff; that progress has been made at every inspection and no violations found.

Mornis asked about the burn barrels and which department it concerns. A code enforcement officer said there was no evidence of burning on site as of October 16.

Berumen said there has not been a proof of hardship and sufficient progress has not been made.

Mornis said building your own home in itself is a hardship and that the burning needs to be followed up with a different department.

Hollingsworth said that the issues with the neighbors is not a community development issue.

Gutierrez said the applicant believes the building will be done by next November and that a site inspection could be done.

Sheriff Kevin Armstrong said permits are allowed to burn only slash, not trash. Rears said that the board could put a condition on the permit to be in compliance with county laws. Gilpin County Public Health and Timberline should be notified in the case of a violation.

Hollingsworth played around with the resolution wording but ultimately moved that she would approve the temporary housing permit for a period of three months ending on February 13, 2024, on the conditions that the septic is working, no burn barrels are being used without permit, and that the building is 75 percent done.

Cusano said the building will be enclosed by February and the burn barrel will be removed today.

Seventy-five percent would mean that the building would be roughly plumbed and wired.

Berumen seconded the motion. Mornis voted nay and motion passed 2-1.

Public comment was opened but only on the subject of sanitation and burn barrels.

Public comment revealed dissent with the public shouting at the commissioners. Hollingsworth said the board did not approve the requested year, but instead have only given the applicant three months and have issued requirements to be met.

The Sheriff said there have been interactions with the neighborhood and that if a violation is determined there will be a summons.

Public comment was closed at 11:23 a.m. The board then adjourned as the Board of Adjustment and reconvened as the Board of County Commissioners. A recess was called until 11:35 a.m.

A public hearing was held for Resolution 23-95, Approving Text Amendments to Gilpin County Zoning Regulations for Temporary Use. Gutierrez said that he would like to fix the code to focus on the activity, not the number of people, as it concerns public right-of-way.

He said the code needs a temporary fix to address parking requests for special events. Public hearing was opened and closed with no comments at 11:59 a.m.

Berumen moved to adopt the resolution to include the amendment of 1.8.C.5 that to impede the county right of way or infrastructure, it must go through the application process regardless of the number of people and would be treated as if it is 250 people or more.

The motion passed 2-1 with Hollingsworth voting nay.

Bower presented Resolution 23- 91, Amending the Master Policy & Procedure Manual, P-8, Sale and Other Disposition of Personal Property Policy.

Bower said restrictions under the Colorado Constitution were reviewed and changes put into the policy. In short, Gilpin County is prohibited from mingling its monies with any person or organization.

Hollingsworth moved to accept the resolution, Berumen seconded, and all were in favor.

Benning and Rears delivered the County Attorney’s report and County Manager’s report, respectively.

The East Portal Cabins will have fencing installed and the structural integrity evaluation will be completed in November.

Rears announced there will be a staffing compensation study presented at the November 7 work session and will be held at the Gilpin County Community Center. The Heritage Tourism route will also be discussed at the work session.

The commissioners will meet on November 6 to hold a public budget meeting at the Historic Courthouse.

There was one public comment online from Nate Whittington who thanked the board and staff for the past four years working for Gilpin County and his last day will be November 2. Hollingsworth thanked him for helping the county build emergency preparedness.

Meeting adjourned into Executive Session at 12:41 p.m.

The next regular meeting of the Gilpin County Board of County Commissioners is scheduled for November 14 at 9 a.m. and will be held in person at the Historic Courthouse at 203 Eureka Street in Central City and online via Zoom.